Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-16
AUSTIN LETTER.
A Hot Contest Promised Over the Bill
to Divide the State into
School Districts.
Can a Justice of the Peace Appointed
without Authority of Law Legally
Perform a Marriage Ceremony"

Correspondence OF the Gazette.
AUSTIN, Ten, Jan. l4.-There will be q
hot contest over the bill to divide the
state into school districts and the ap-
pointment of superlntendents in each
district. The introduction OF this bill
will be new feature in the educational
field. The members who are teachers by
profession look on it as an invasion and
will oppose 1t bitterly.
Mr.. Booth Of Gonzales is preparing g
bill to make the time for collection OF
taxes end with the calendar year instead
| Of the fiscal year.
The following is an extract from let
ter received by Attorney General Temple
ton from justice of the peace, dated
January -, at --, Tex: "S0me time
ago one presented a petit
ton to the commissioners court of this
county to establish new precinct. which
was allowed by the commissioners court
and --- was appointed justice
OF the peace. In about two hours
after he received his commission
he volunteered to marry couple who
were hunting for the justice of the peace
of this precinct, who was 81 home. Some
one has told Mr.. Cewley, the gentleman
who was married. that the whole thing is
illegal Please give your opinion, and
much oblige."
The attorney-geDeraps reply contains
this language: at il my opinion that
the county commissioners court had
no authority to appoint JUS
tIce of the peace in new pre-
cincts established by them. Article ). sec
ton Is of the state constitution provides
for the number of precincts, the manner
Of establishing and further as follows:
q Sin each precinct there shall be elected
at each biennial election one justice of
the peac.,' etc. Article 1914, Revised
Statutes, in defining the powers and
duties OF commissioners court,
provides as follows: Subdivision /
To lay of their respective counties into
precincts of not less than four nor more
than eight for the election of justices Of
the peace etc. Neither Of the sections
above quoted ccufers the power Of sp-
pointment in the first instance upon the
commissioners court, and Articles 1918
aud 1886 expressly confer the powe- of
appointment upon them in the case Of
vacancies only. l conclude that the
commissioners court had no author
referred to in your letter. In conclusion
| will say that there may possibly be
some provision of the statutes comforting
the power OF appointment upon the COM
missioners' court, which has ESCAPED my
notice, and, of Icourse if such shall be
the case, they would have the authority
to make the appointment" Signed by
attorney general.
If the commissioners court can
not lay off their respective counties
into the precincts only at the first regu-
lar term (Jsnuary term in each year,
this court acted without authority of law
and their appointment was illegal. The
question is then raised whether the couple
Joined in matrimoDy by q justice Of the
peace appointed without authority of law
are legally husband and wife.
This is certainly very extraordinary
case, perhaps the first to ever come be
fore the attorney general for his consid'
Ierah02.
The legal profession will here find food
for thought.